OpenLegislation

Paragraph 5 I1C1

England and Wales

(1)

It shall be the duty of the F1Director General in the case of every complaint referred to F2the Director General by a F3local policing body or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

F4(1A)

The Secretary of State may by regulations provide that the Director General must determine that it is necessary for complaints referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B)

Regulations under sub-paragraph (1A) may provide that the duty on the Director General applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C)

Regulations under sub-paragraph (1A) may also provide that, where the Director General is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

(2)

Where the Director General determines under this paragraph that it is not necessary for a complaint to be investigated F5—

(a)

in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the F6Director General's determination), the Director General must refer the complaint back to the appropriate authority for the investigation to be completed, and

(b)

in any other case, the Director General may, if the Director General thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.

(3)

Where the Director General refers a complaint back under sub-paragraph (2), the Director General shall give a notification of the making of the reference back—

(a)

to the complainant, and

(b)

except in a case where it appears to the Director General that to do so might prejudice F7an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against F8(if any).

Annotations

Textual amendments

F1

Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F2

Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F3

Words in Sch. 3 para. 5(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(6); S.I. 2011/3019, art. 3, Sch. 1

F4

Sch. 3 para. 5(1A)-(1C) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 10(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F5

Words in Sch. 3 para. 5(2) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 10(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F6

Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(3) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F7

Words in Sch. 3 para. 5(3)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 10(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F8

Words in Sch. 3 para. 5(3)(b) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 4 para. 7(5); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

Modifications

C1

Sch. 3 para. 5 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement

I1

Sch. 3 para. 5 wholly in force at 1.4.2004; Sch. 3 para. 5 not in force at Royal Assent see s. 108(2); Sch. 3 para. 5 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 5 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Notes on Schedule 3

Modifications

C1

Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))

C2

Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))